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Probate law in Dhaka, Bangladesh governs the legal process that transpires when a person passes away. This process involves settling the deceased person's debts, distributing their assets, and establishing the validity of their will, if there is one. The probate court in Dhaka plays a fundamental role in overseeing this process to ensure all matters are handled fairly and in accordance with the law.
Engaging a lawyer can be crucial under many circumstances. If the will is contested, undefined, or if estate matters are complex, it becomes important to have professional assistance. Lawyers help in navigating legal procedures concerning property distribution, disputes among beneficiaries, unpaid tax liabilities, and more. They provide advice and representation to ensure that your interests are protected throughout the probate process.
In Bangladesh, the Probate and Administration Act of 1881 primarily governs probate law. This statute mandates that a probate or letter of administration must be obtained if a deceased person has assets within the country. If a valid will exists, the executors named in the will must apply for the probate. In its absence, the administration right is generally given to a close relative of the deceased.
Probate refers to a court-supervised procedure of settling the estates of a deceased person, including distributing their property according to their will or according to inheritance laws if no valid will exists.
The probate process can vary in length and may take several months or even years, depending on the complexity of the estate and any disputes that may arise.
The executor, specified in the will, is responsible for carrying out the directives of the deceased. They collect the assets, pay any debts, distribute the remaining assets and represent the estate in legal proceedings.
If there is no will, the assets are distributed according to the inheritance laws of Bangladesh, typically among the closest relatives of the deceased.
A contested will occurs when a beneficiary or potential beneficiary disputes the contents or validity of the will during probate.
A lawyer specializing in probate or estate law will be suitable for helping you navigate the probate process.
A will cannot be changed after the death of the person who made it. However, its interpretation or execution can be contested in court.
Probate lawyer's fees vary depending on the complexity, size of the estate, and the time involved. It's advisable to discuss fees upfront before hiring a lawyer.
The estate of the deceased is responsible for paying off debts. The executor of the estate should use the assets of the estate to pay off these obligations.
If property is not mentioned in a will, it will be distributed according to the inheritance laws of Bangladesh or the rules of intestacy.
The official website of the Bangladesh Government and Dhaka City Corporation offer considerable resources, including access to relevant acts and laws. Moreover, various law firms provide free online resources and information on probate law in Bangladesh.
If you require legal assistance in probate, the first step is to find a lawyer who specializes in probate or estate law. Prepare a list of your queries and concerns regarding the probate process. It's also recommended to have an understanding of your financial situation and any estate-related documents to provide to your lawyer for a comprehensive understanding of your circumstances.
